Ministry of Housing, Communities and Local Government

Building Regulations Update

Lord Greenhalgh: My Rt Hon. Friend, the Secretary of State for the Ministry of Housing, Communities and Local Government (Robert Jenrick) has today made the following Written Ministerial Statement:I am today announcing a package of changes in relation to Part L and F of the Building Regulations. This includes the Government’s Response to the 2019 Future Homes Standard consultation and the launch of the Future Buildings Standard consultation.40% of the UK's energy consumption and carbon emissions arise from the way buildings are lit, heated and used, and homes - both new and existing – account for 22% of emissions. Therefore, if we are to meet our ambitious target to reduce the UK’s carbon emissions to net zero by 2050, we must improve the minimum energy efficiency standards of new buildings and homes. By improving energy efficiency and moving to cleaner sources of heat, we can reduce carbon emissions, lower energy consumption and bills for households and ensure that we will be the first generation to leave the environment in a better state than we found it.I am publishing the Government’s response to the Future Homes Standard consultation of 2019. This was the first stage of a two-part consultation which proposed an ambitious uplift in the energy efficiency of new homes through changes to Part L (conservation of fuel and power) of the Building Regulations.The Future Homes Standard will deliver a considerable improvement in energy efficiency standards for new homes. We expect that homes built to the Future Homes Standard will have carbon dioxide emissions 75-80% lower than those built to current Building Regulations standards, which means they will be fit for the future, with low carbon heating and very high fabric standards. The interim uplift to energy efficiency requirements will act as a stepping stone towards the full Future Homes Standard, and should result in a meaningful and achievable 31% in carbon emissions savings compared to the current standard. We anticipate that a two-stage approach to implementing the Future Homes Standard will help to prepare the necessary supply chains and appropriately skilled workforce by encouraging the use of low-carbon heating in new homes, while accounting for market factors.The Prime Minister’s ten-point plan for a green industrial revolution noted that we must implement the Future Homes Standard within the shortest possible timeline. Therefore, our priority will be to implement an interim uplift to the energy efficiency requirements for new homes and non-domestic buildings as swiftly as possible. This key stepping stone will enable us to successfully implement the Future Homes Standard and Future Buildings Standard. We have also listened to those stakeholders that called for a swifter and more certain pathway to implementation. Our work on a full technical specification for the Future Homes Standard has been accelerated and we will consult on this in 2023. We also intend to introduce the necessary legislation in 2024, with regulations coming into force from 2025. In the meantime, to provide greater certainty for all stakeholders, we have published a draft notional building specification for the Future Homes Standard alongside this consultation response which provides a basis on which we can begin to engage with all parts of industry on the indicative technical detail of the Future Homes Standard.To ensure as many homes as possible are being built in line with new energy efficiency standards, transitional arrangements will now apply to individual homes rather than an entire development and the transitional period will be one year. This approach will support implementation of the 2021 interim uplift and as such the successful implementation of the Future Homes Standard from 2025.I am also publishing today the Future Buildings Standard, which is the second stage of the two-part consultation. This consultation builds on the Future Homes Standard consultation by setting out energy and ventilation standards for non-domestic buildings, existing homes and to mitigate against overheating in residential buildings.The Future Buildings Standard consultation proposes changes to the Building Regulations and primarily covers new and existing non-domestic buildings. This includes an interim uplift of Part L and Part F requirements for new and existing non-domestic buildings. The interim uplift will also encompass existing homes, meaning that when works take place in an existing home, such as an extension to a property, the work carried out will need to meet the standards set by building regulations – these requirements will not apply to the wider building. It also proposes some changes to requirements for new homes, including to the Fabric Energy Efficiency Standard; some standards for building services; and to guidance on the calibration of devices that carry out airtightness testing. Finally, it details a new standard for mitigating overheating in new residential buildings.Together, the Future Homes Standard and Future Buildings Standard set out a pathway towards creating homes and buildings that are fit for the future; a built environment with lower carbon emissions; and homes that are adapted to the overheating risks caused by a warming climate. By making our homes and other buildings more energy efficient and embracing smart and low carbon technologies, we can improve the energy efficiency of peoples’ homes and boost economic growth while meeting our targets for carbon reduction.I am depositing a copy of the Government Response to the 2019 Future Homes Standard consultation and the Future Buildings Standard consultation in the House Libraries.

Building Safety Update

Lord Greenhalgh: My Rt Hon. Friend, the Secretary of State for the Ministry of Housing, Communities and Local Government (Robert Jenrick) has today made the following Written Ministerial Statement:I wish to update the House on the Government’s work to tighten regulatory oversight of construction product safety, so that people can feel confident that the products used to construct our homes will perform as they should.IntroductionShocking recent testimony to the Grenfell Inquiry has shown that some manufacturers of safety-critical construction products appear to have put lives at risk by gaming product-testing regimes, putting products on the market that do not perform as advertised, and to be refusing to take responsibility when caught in the act.This is unacceptable. This Government will act decisively to protect residents by ensuring that companies who manufacture or sell construction products act responsibly or face the consequences.In her independent review of the building regulations and fire safety system, Dame Judith Hackitt recommended that industry should ensure that construction products are properly tested, certified, labelled and marketed and Government should put in place a robust regulatory framework to incentivise and oversee this. We agree.In July 2020, this Government published in draft the Building Safety Bill. The Bill set out the biggest reforms to building safety regulation for a generation, including provisions to strengthen and extend the scope of the powers available to government to regulate construction products. I welcome the constructive report published by the Pre-Legislative Committee on the draft Bill – the Government will respond to it shortly and we intend to introduce the Bill in the Spring. In my statement to the House of 20 July 2020, I also committed that the Government would develop options for a new, national regulatory function that would ensure that those regulations are better enforced. Today, I want to update the House on the progress we have made on both fronts – the regulations and the regulator – as well as our plans to go further on product testing.Broader, tougher construction products regulations Firstly, we are making good progress in extending and strengthening construction product regulations. At present, some products are not covered by the regulations. Our Bill will ensure that all construction products will be covered by the regulatory regime, and that all manufacturers will be required to ensure that their products are safe before putting them on the market. The Bill will also ensure that products designated as ‘safety-critical’ will be subject to additional requirements, including having to meet clear performance standards and to have undergone mandatory testing and control processes before they can be sold. The Bill will also make it possible for regulators to remove from the market any product that poses a significant safety risk, and to prosecute or use civil penalties against any company that flouts the rules.A strong national regulator for construction productsSecondly, I am pleased to announce today that this Government will establish a national regulator to ensure that the regulations are better enforced, and to provide vital market surveillance that will enable us to spot and respond to safety concern earlier and more effectively. We will do this by extending the remit of the Office for Product Safety and Standards (OPSS), which will take on oversight of construction products alongside its existing responsibilities. OPSS has valuable skills and experience in regulating consumer products and of working closely with local authority Trading Standards and other regulators, and will be granted up to £10 million in 2021/22 to establish the new function.The national regulator will have strong inspection and enforcement powers - including to commission and conduct its own product-testing when investigating concerns – and will work with both national regulators (such as the Building Safety Regulator) and local regulators (such as Trading Standards) to encourage and enforce compliance. The regulator will also advise the public, government and the sector on technical and policy issues, pursuant to its function. Over coming months, I expect the regulator to begin to operate in shadow form, including engaging with the sector to clarify how the new regime will operate in practice.Going further on product testingThird, recent testimony to the Grenfell Inquiry has shone a light on appalling practices by some manufacturers of construction products, including what appears to be wilful attempts to game the system and to rig the results of safety tests that are intended to give the market vital information about how products will perform in a fire.I have written to the Advertising Standards Authority and National Trading Standards to ask them what steps they can take to ensure that marketing of construction products is not misleading. We will provide further information to the House on this in due course.Furthermore, I am today announcing that I will shortly commission an independent review to examine in detail the deficiencies in testing and conformity assessment regime for construction products, and to recommend how we can prevent abuse of the system by irresponsible companies who are prepared to put profits before lives. The review will report later this year, and may lead to further regulatory changes.Ongoing work to improve building safetyThese measures come on top of other major steps we are taking as we deliver our commitment to bring about a generational shift in building safety, including:£1.6 billion of funding to remove dangerous cladding from high rise buildingsIntroducing the Building Safety Bill and Fire Safety Bill to bring about the biggest change in building safety for a generationEstablishing a new Building Safety RegulatorRecruiting the first ever Chief Inspector of Buildings ConclusionI trust that these important measures will receive broad support across the House. I also call on companies who manufacture, sell or distribute construction products to do the right thing and address the rotten culture and poor practice that have come to light. We have a shared responsibility to confront poor practice and establish new norms that will restore public confidence in the industry. Residents deserve and expect nothing less.

Planning update

Lord Greenhalgh: My Rt. Hon. Friend, the Minister of State for Housing (Christopher Pincher) has today made the following Written Ministerial Statement:The country needs more, better and greener homes in the right places.This Government’s ambition is to deliver 300,000 homes per year by the mid 2020s and one million homes over this Parliament. Increasing the number of up-to-date Local Plans across England is central to achieving that goal. Local Plans not only unlock land for development and ensure that the right number of new homes are being built in the right places, they also provide local communities with an opportunity to have their say on how their local areas will change over the coming years, and how the local environment can be protected and enhanced.91% of local planning authorities have now adopted a Local Plan, but we know that many of them are not being kept up to date. In March 2020, the Government set a clear deadline of December 2023 for all authorities to have up-to-date Local Plans in place.It is critical that work should continue to advance Local Plans through to adoption by the end of 2023 to help ensure that the economy can rebound strongly from the COVID-19 pandemic. Completing Local Plans will help to ensure that we can build back better and continue to deliver the homes that are needed across England.To support this, we recently rolled forward temporary changes that we made over the summer to ensure the planning system continues to operate effectively during the pandemic. In addition, we announced changes to the methodology for assessing Local Housing Need and published the 2020 Housing Delivery Test measurement. This should help to provide greater certainty for authorities who are currently preparing Local Plans. The Government recently issued a formal direction in relation to South Oxfordshire District Council’s Local Plan to ensure it continued to adoption. Where necessary, we remain committed to using all powers available to Government in order to ensure that progress on plan making is maintained.We also want to see Neighbourhood Plans continue to make progress with the support of local planning authorities, to give more communities a greater role in shaping the development and growth of their local areas.The Planning for the Future White Paper consultation closed in October. The White Paper sets out proposals to deliver a significantly simpler, faster and more predictable system. These proposals will need further development. Authorities should not use this period as a reason to delay plan-making activities. Authorities who have an up-to-date plan in place will be in the best possible position to adapt to the new plan-making system.I will consider contacting those authorities where delays to plan-making have occurred to discuss the reasons why this has happened and actions to be undertaken.This Written Ministerial Statement only covers England.